Six-Figure Settlement for man who suffered nerve damage following alleged medical negligence

Mr A, a 40-year-old man at the time of his injury, was out walking in fields close to his home when he lost his footing and fell into a ditch. He landed on a plough, which pierced his boot and went into his left ankle. He was transported to A&E via ambulance.

Whilst in A&E, an X-ray was performed, which showed a hairline fracture to his tibia (lower leg). On examination, the treating doctor noticed reduced sensation and movement in the ankle and foot and it was decided to proceed to washout and exploration of the wound. During the operation, it was noted that the wound had to be cleared of clots but otherwise was clean with all tendons intact. Despite Mr A complaining of pain, nausea, reduced mobility and tingling in his foot, he was discharged and a follow-up appointment was arranged.

Mr A had a couple of follow-up appointments. About two weeks post-discharge, it was noticed that his foot was cold, was purple-ish in colour, there was reduced sensation in his toes, and pedal pulses were weak. He was transferred to a second hospital for an urgent operation to explore the original wound. Further imagery performed prior to the second operation revealed that the Extensor Halluces Longus (‘EHL’) tendon had a full-thickness tear. During the second operation, the EHL was repaired, but the following were also noted:

• complete transection of the deep peroneal nerve (‘DPN’)
• complete transection of the arterial tibial artery (‘the artery’)
• intact but bruised superficial peroneal nerve (‘SPN’).

Following surgery, Mr A made a poor recovery. Specifically, he had a permanent deficit of the tendon, DPN and SPN. It was alleged that with reasonably competent treatment from the outset, he would have avoided the very significant pain in his foot and calf, hypersensitivity and decreased sensation in the whole of his foot, overall loss of limb function, numbness and/or pain in the big toe, second toe and the arch of the foot, instability standing on the left foot and difficulties with balance generally and a general reduction in his overall mobility and walking capacity.

Mr A proceeded to be referred to a third hospital specialising in nerve injuries, where he underwent exploration and repair of the SPN. During the operation, it was noted that the main and lateral branches of the SPN were intact, but the medial branch was severely crushed and scarred. An allograft was used to replace the damaged part of the nerve.

Although he encountered some improvement following surgery, this wasn’t sufficient to enable him to continue in his previous employment and he was retired on the grounds of medical ill-health.

A claim was brought against both hospitals that provided surgical intervention to Mr A following his initial accident. It was alleged that both hospitals failed to identify and appropriately treat Mr A’s injuries and failed to ascertain the importance for early referral to the nerve injury specialist in respect of damage to the SPN. The claim was largely disputed, and as such, proceedings were issued and served.

During completion of directions to trial, it was agreed between the parties that it would be sensible to have a round table meeting to identify whether or not a settlement could be achieved to save costs and court time. During discussions, a six-figure settlement was agreed upon between the parties, which concluded the case.

Mr A was represented by Ben Ward, a Partner in the Medical Negligence department at Ashtons Legal LLP. Ben was assisted throughout by Tom West, Solicitor, and Alice Binks, Paralegal.

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